What Is the Likelihood of Going to Court for a Florida Injury Case?

What Is the Likelihood of Going to Court for a Florida Injury Case?

There are many types of personal injury cases that often end up in Florida courts. These include slip-and-fall, car accident, dog bite, product liability, and medical malpractice cases. It is important to note that Florida is a no-fault insurance state, so the auto insurance company of the injured person is expected to cover the resulting liabilities in an auto wreck. After an auto accident, there is usually no need to go to court as your insurance company will pay for all your injuries, according to the terms and conditions stipulated under your policy document.

Going to Court for Personal Injury in Florida

If you have been seriously injured, but the payout offered by your insurer is not enough to cover the injuries you have sustained, you can go to court. However, your injuries must surpass the serious injury threshold set under Florida Injury Law. For instance, you can file a lawsuit if the incident resulted in a death, significant or permanent disfigurement or scarring, significant or permanent loss of a bodily function, or permanent injury other than scarring or disfigurement.

What Is the Likelihood of Going to Court for a Florida Injury Case?

If the incident led to the above-mentioned injuries, there is a high likelihood the case will end up in court. To boost your chances of getting a favorable outcome in court, you should consider hiring Tampa attorneys Anderson and Anderson to help you prepare for the case and represent your interests in court. The lawyers will also negotiate a settlement agreement with the defendants. After all, it is not always necessary to try a case in court if the defendant is willing to negotiate a settlement.

It is important to note that principles of comparative negligence apply in Florida, so you can only recover the portion of the injuries that was not your fault. For instance, if you were twenty percent at fault, you can only recover eighty percent of the compensation you are claiming. Similarly, if several people contributed to your injuries, you will have to sue all of them for their contribution. Consequently, each of the defendants will pay for their part.

Statute of Limitations and Damage Caps

In Florida State, the statute of limitations for personal injury cases is four years. Plaintiffs can demand compensatory damages and punitive damages. The cap for punitive damages is three times the compensatory damages or $1.5 million, whichever is higher.

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